Beals v. Crowley
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial in the Sixth District Court, County of Sacramento.
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Appeal from a judgment for the defendant, and from an order denying a new trial in the Sixth District Court, County of Sacramento. Denson, J. The facts of the case as appearing from the evidence were substantially as follows: Charlotte H. Morgan, the plaintiffs intestate, some time previous to her death, in consultation with her attorney, told him that she wanted to give her money to certain parties, and that she did not wish to have it ■go through the Probate Court; and was advised by him that •she would have to make an absolute gift of the money, and that afterwards she could request the…
1Opinion of the Court
The Court:
We are of the opinion, that the evidence fails to show that there was any gift from the deceased, Mrs. Morgan, to the defendant, Croly, of the nine hundred and sixty-six dollars.
Judgment and order reversed and cause remanded for a new trial.
Myrick, Sharpstein, and MoKee, JJ., dissenting:
It is clear to us that A. may deliver to B. personal property with instructions that B. deliver the same to C., and'if such delivery to B. is with the intention on the part of A. to pass the title to B., so as to make it a gift, it is good, even though B. does not deliver the property to C. until…
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